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Allahabad Court September 2000 Judgments

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Sep 08 2000

Punjab National Bank Vs. Lakshmi Industrial and Trading Co. (P.) Ltd. ...

Court: Allahabad

Decided on: Sep-08-2000

Reported in: 2000(4)AWC3013; [2002]111CompCas109(All)

Sudhir Narain, J. 1. This is the plaintiff's appeal against the judgment and decree dated 31.5.1993 dismissing the suit against the defendant Nos. 3 to 5 with the direction that plaintiff shall be liable to adjust the amount of the goods which were pledged with it .2. Briefly stated the facts are that the plaintiff-appellant (hereinafter referred to as the Bank) filed suit for recovery of Rs. 57,27.575.44 with the allegations that defendant-respondent No. 1 was a private limited company incorporated under the provisions of Companies Act. 1956 and defendant-respondent No. 2 was a unit of defendant-respondent No. 1. in May. 1977, defendant No. 1 company approached the Bank for grant of various credit (banking facilities) and the Bank agreed to grant to the defendant No. 1, inter alia, three facilities, i.e. (i) cash credit limit of Rs. 10.00.000, (ii) cash credit hypothecation limit of Rs. 4,00,000 and (iii) a documentary D. D. Limit of Rs. 5.00.000. The respondent company opened Cash Cr...


Sep 08 2000

Ashok Rana Vs. Home Secretary, U.P. and Others

Court: Allahabad

Decided on: Sep-08-2000

Reported in: 2000(4)AWC2889; (2000)3UPLBEC2324

S.R. Singh, J.1. Petitioner, a Sub-Inspector of Police, was commended by the Senior Superintendent of Police vide letter No. 447/96 dated 24.1.1997 and subsequent letters dated 31.3.1997 and 27.3.1997 for out-of-turn promotion for displaying exemplary courage and bravery in the course of a police encounter in which notorious dacoit Devesh alias Pappu Misra son of Pratap Narain Misra and his accomplice Ram Pal fell to the police bullets. The matter was processed for go-ahead at the end of the Dy. Inspector General of Police, Kanpur Range. Kanpur, the next in the hierarchy, who subscribed to the recommendations for out-of-turn promotion by means of the letterdated April 29. 1997 addressed to the Inspector General of Police. Kanpur Zone, Kanpur. The recommendations received approval of the Inspector General of Police, Kanpur Zone, Kanpur, too who after examining the matter qua the reports of the Sr. Supdt. of Police, Farukhabd and the Dy. Inspector General of Police, Kanpur Zone. Kanpur. ...


Sep 08 2000

Harbans Vs. State of U.P. and Another

Court: Allahabad

Decided on: Sep-08-2000

Reported in: 2000(4)AWC2975; (2000)3UPLBEC2388

Sudhir Narain, J.1. This appeal is directed against the award dated May 30, 1987, passed by reference court in Land Acquisition Reference Case No. 40 of 1979.2. Briefly stated the facts are that for establishing market yard for Krlsht Utpadan Mandi Samiti at Shamti, district Muzaffarnagar, the State Government issued notification under Section 4 of the Land Acquisition Act (hereinafter referred to as the Act) on 6.11.1975. The plots of the appellant numbered as 282M, 284M, 285 and 286 total area 5 bigha, 11 biswansis were sought to be acquired. This notification was followed by another notification under Section 6 of the Act. The State Government took possession of the land in question from the appellant on 16.1.1976. Notices under Section 9 of the Act were issued requiring thepersons interested in the land forming subject matter of the declaration to submit their claims for compensation for acquisition of their land. The appellant submitted the claim petition before the Special Land A...


Sep 08 2000

Hansh Raj Singh Vs. Managing Director, State of Bank of Patiala and Ot ...

Court: Allahabad

Decided on: Sep-08-2000

Reported in: 2000(4)AWC2963; [2000(87)FLR352]; (2001)1UPLBEC159

R.K. Dash, J. 1. Heard Sri K. S. Rathore, learned counsel for the petitioner and Sri Rakesh Tiwari, learned counsel for the respondent Nos. 1 to 3. 2. On the consent of counsel for the parties, the writ petition is taken up for final disposal at the stage of admission. The petitioner while serving as cashier/clerk in the State Bank of Patiala, Chowk area, Allahabad was placed under suspension by order dated June 17, 1995 (Annexure-1) since he was involved in a criminal case and remained in jail being arrested by the police. The criminal case ended in acquittal by a judgment and order dated 16.9.1995 (Annexure-2) and thereupon, the order of suspension was revoked and the petitioner joined his service on 20.2.1995. The total period of suspension was 145 days. The petitioner then made a representation to treat the whole period of suspension as duty, on receiving which the Managing Director of the State Bank of Patiala Informed the petitioner to apply for leave for the aforesaid period. Th...


Sep 08 2000

Nitya Nand Pandey Vs. Additional Chief Judicial Magistrate V/Civil Jud ...

Court: Allahabad

Decided on: Sep-08-2000

Reported in: 2000(4)AWC2948

Shyamal Kumar Sen, C.J. 1. In the Instant writ petition, the petitioner has prayed for issuance of a writ of mandamus commanding the Additional Chief Judicial Magistrate V/Civil Judge (Senior Division). Gorakhpur to adjudicate and decide Original Suit No. 1990 of 1988, Nitya Wand Pandey v. Sharda Prasad Pandey and others within a specified time.2. The facts alleged by the writ petitioner is that the petitioner filed a suit for permanent injunction restraining the respondents from cutting down the trees standing over the suit land as well as from raising any construction over the same. A relief for mandatory injunction for removal of boundary wall and door raised over the suit land has also been claimed. The aforesaid suit filed on 9.8.1988 was registered as Original Suit No. 1990 of 1988, Nttya Nand Pandey v. Sharda Prasad Pandey and others in the Court of Munsif, Gorakhpur, now pending in the Court of Additional Chief Judicial Magistrate V/Civil Judge (Senior Division), Gorakhpur.3. T...


Sep 08 2000

Shree Mahanth Baba Hathi Ram Pajawa Ramlila Committee and anr. Vs. Reg ...

Court: Allahabad

Decided on: Sep-08-2000

Reported in: (2001)1UPLBEC224

ORDERO.P. Garg, J.1. These are two connected with petitions in which a dispute regarding the election of office bearers of the Committee of Management of Shree Mahant Baba Hathi Ram Pajawa Ramlila Committee, Rani Mandi, Allahabad, which is a Registered Society, has been raised.2. Counter and Rejoinder affidavits have been exchauged. Heard Sri Shailendra as, learned Counsel for the petitioner V.K. Tiwari as well as Sri Arun Tandon in opposition, who is the petitioner's Counsel in Writ Petition No. 18268 of 2000.3. Earlier a Writ Petition No. 40373 of 1999 was filed by Mahant Baba Hathi Ram Ramlila Committee. The said petition was disposed of finally by order dated 21.9.1999 with the observation that:'.....'....on the facts and circumstances of thu present case the Prescribed Authority will right in directing the Registrar who happens to be the impartial and independent authority to hold the election of the office bearers and members of the Committee of Management of the Society. It may ...


Sep 07 2000

Hanif and Another Vs. State of U.P. and Others

Court: Allahabad

Decided on: Sep-07-2000

Reported in: 2000(4)AWC2746

S.K. Sen, C.J. 1. We have heard learned counsel for the petitioners, learned standing counsel for the State and have perused the record.2. In the instant writ petition, the petitioners have prayed for quashing the Government Order dated 1.4.2000 being Annexure-2 to the writ petition and the consequential order dated 5.5.2000 being Annexure-3 issued by Mukhya Pashu Chikitsa Adhikari, Jyotiba Phule Nagar. The petitioners have also prayed for a writ of mandamus directing the State of U. P. and Mukhya Pashu Chikitsa Adhikari, Jyotiba Phule Nagar, not to restrain the Pashu Chikitsa Adhikari from conducting the health examination lest or from issuing certificates of fitness for slaughter in respect of animals which are eligible for slaughter in accordance with the Act and the rules framed thereunder. The petitioners have further made a prayer for directing the Pashu Chikitsa Adhikari. Jyotiba Phule Nagar, to issue certificates in Form B when applications are made to him in respect of animals...


Sep 07 2000

Green Wood School, Dehradun Vs. State of U.P. and Others

Court: Allahabad

Decided on: Sep-07-2000

Reported in: 2000(4)AWC2879; [2000(87)FLR350]; (2000)IILLJ1652All; (2000)3UPLBEC2309

ORDERKumar Roy and S. K. Jain, JJ.1.The Petitioner has come up with the following prayers :(i) to declare Notification No. 4190/XXXVl-3 : 1 (M.W.) 83, dated December 1. 1984, published in U. P. Gazette. Extra, dated 1.12.1984 as contained in Annexure-1 as null and void and quash it and command the respondents not to enforce It. (ii) to quash the notice dated 18.6.1987 issued in Case No. M.W.A. 77 of 1986 by the Assistant Labour Commissioner. Dehradun, respondent No. 2 as contained in Annexure-2. 2. The moot ground taken by the petitioner is that as the petitioner is a private institution to which no aid is granted either by the State Government or any local body and the normal working hours of Its teachers and other employees on a working day is less than five hours, whereasin an Industry it is eight hours per day, and the salary paid to them has no co-relation with the physical labour and thus they cannot be treated as employee of the petitioner or the petitioner as an employer as con...


Sep 07 2000

Raja Ram and Another Vs. State of U.P. and Others

Court: Allahabad

Decided on: Sep-07-2000

Reported in: 2000(4)AWC2880

ORDERBinod Kumar Roy and S. K. Jain, JJ.1. The petitioners have come up with following prayers :(i) To quash the order dated 26.3.1998 passed by the Adyaksha/President, Nagar Panchayat, Mariyahun, refusing to shift the slaughter house to any other place on the ground of non-availability of any appropriate place and permuting respondent Nos. 7 to 14 to slaughter buffaloes only with certain riders. (ii) To restrain respondent Nos. 7 to 14 from slaughtering cattle in the slaughter house in question till making of bye-laws and shifting of that slaughter house to any other place. (iii) To direct respondent Nos. 7 to 14 to slaughter buffaloes as usual in their localities. (iv) To command respondent Nos. 2 to 4 to fix the slaughter house near the Bone Godown where lands are available.The Facts :2. The petitioner's case is to this effect : There is an unlawful slaughter house where the respondent Nos. 7 to 14, who are butchers, are slaughtering buffaloes and she-buffaloes in the vicinity of re...


Sep 07 2000

Committee of Management, Lakshmi NaraIn Inter College, Meja, Allahabad ...

Court: Allahabad

Decided on: Sep-07-2000

Reported in: 2000(4)AWC2984; (2000)3UPLBEC2762

R.K. Dash, J.1. Heard Sri R. K.Ojha learned counsel for the petitioner. Sri Ajai Bhanot, learned counsel appearing for the respondent No. 1 and Sri Rajiv Kumar Srivastava for the respondent No. 2.2. Sri Sangam Lal is admittedly the principal of Laxmi Narain Inter College, Meja, Allahabad. The committee of management, petitioner herein placed him under suspension by order dated 4.7.2000 (Annexure-6). The charges against him, as would appear from Annexure-7 are that he by misusing his position as Principal appointed his nephew as class IV employee and that he embezzled scholarship amount sanctioned by District Social Welfare Officer for S, C. and O.B.C. students for which a criminal case has been started on the report of the concerned authority. As provided under law, the order of suspension has to be approved by the District Inspector of Schools. Accordingly, the committee of management reported on 11.7.2000 to the District Inspector of Schools, respondent No. 1 copy whereof is at Annex...


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